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The Terms of Business Agreement is a fundamental legal document used to establish and govern the professional relationship between service providers and their clients under Maltese law. This document is essential for businesses operating in Malta or choosing Maltese jurisdiction, as it provides a comprehensive framework for service delivery, payment terms, and risk allocation. The agreement incorporates key requirements from Maltese legislation, including the Civil Code, Data Protection Act, and relevant industry-specific regulations. It's particularly crucial for regulated industries and professional services firms, where clear terms of engagement are required. The Terms of Business Agreement typically includes detailed provisions on service scope, fees, liability limitations, confidentiality obligations, and dispute resolution mechanisms, all aligned with Maltese legal requirements and business practices.

1. Parties: Identification of the service provider and client, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of services to be provided under the agreement

5. Fees and Payment Terms: Payment structure, rates, invoicing procedures, and payment terms

6. Duration and Termination: Term of the agreement and circumstances under which it can be terminated

7. Obligations of the Service Provider: Duties, responsibilities, and service standards of the provider

8. Client Obligations: Responsibilities and obligations of the client

9. Data Protection and Confidentiality: GDPR compliance measures and confidentiality obligations

10. Intellectual Property Rights: Ownership and usage rights of intellectual property

11. Liability and Indemnification: Limitations of liability and indemnification provisions

12. Force Majeure: Provisions for unforeseen circumstances preventing performance

13. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability